Whilst we may not be entitled to ‘gold standard care’, and sometimes we may suffer harm for non-negligent reasons such as recognised complications, we are entitled to reasonable treatment that is carried out correctly. Dental negligence can include a range or errors including a delay in treatment or an incorrect diagnosis, substandard treatment when carrying out fillings, crown work or root canal treatments, poorly executed orthodontics, periodontal disease misdiagnosis and mismanagement, and restorative or cosmetic dentistry errors.

However, it is not sufficient to only show that the treatment that was received was negligent, it must also be shown that negligent treatment caused damage and has led to further injury and suffering. Examples of causation may include nerve injuries or loss of or damage to teeth caused by mistakes in treatment. The defendant is liable for damage that would not have occurred in the absence of the negligent treatment.

Any compensation you receive will vary depending on what injury you sustain. For example, if you require an extraction of one of your teeth resulting from substandard crown or bridgework,  you will receive more compensation than if you suffer a period of pain as a result of negligence.

Compensation received following a successful claim for dental negligence will be comprised of:

On average, a dental negligence claim can take anywhere between six months to three years to conclude. This all depends on the complexity of the claim, the amount of evidence/ investigation required and the cooperation of third parties involved.

There are a number of third parties that we may need to liaise with as part of a dental negligence claim including experts, Counsel and the defendant’s insurers. Therefore, timeframes will depend on how quickly information can be acquired and responses obtained from everyone involved.

Yes. By law, all dentists must be registered with the General Dental Council (GDC) and must have appropriate indemnity and insurance arrangements in place in order for patients to seek compensation which they may be entitled to. Therefore even if your dentist at the time is no longer your current treating dentist, or has subsequently retired, they will still be responsible for the treatment they have carried out.

The time limits for making different types of legal claims are set out by the Limitation Act 1980. The time limits are also known as a limitation period. The usual time limit for bringing a dental negligence claim is three years. This can be either from the date the Client was injured or the date of knowledge, also known as the when the Client first realised they suffered an injury due to a potential dental negligence.

However, there are some exceptions, such as cases involving minors, vulnerable adults or deceased persons:

1 –  If the case involves a minor, the three-year time limit begins to run the victim’s 18^th birthday, at which point the minor legally becomes an adult;

2 – If the case involves a vulnerable adult with no mental capacity, there is no time limit for when a dental negligence claim can be brought. However, if the person recovers from their condition, the three-year period begins from the date of recovery;

3 – If the case involves a deceased person and the person dies within the three-year period since discovering dental negligence, the limitation period begins from the date of death. If the negligence is discovered after the death, the family has three years to begin legal proceedings, with limitation period beginning upon the discovery of the dental negligence.

Not unless the victim of negligent treatment was a minor or without mental capacity. The courts are unlikely to accept claims that are out of time.

The limitation periods were introduced as a protection for potential defendants. The three-year period was introduced as a reasonable period to enable someone to make a claim and issue if necessary. By ensuring claims are made promptly, the courts are more likely to obtain clearer input from both parties.

Yes, you can sue an NHS dentist much like you can sue a private dentist. The procedure is exactly the same and will include your legal representative writing to the dentist and asking that he/she informs their defence organisation of a claim against them following which we would usually liaise directly with the defence organisation for the duration of your claim.